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Dec 12, 2023 · Learn what alibi means in evidence law, how it can be used as a defence by the accused, and what are the legal provisions and case laws related to it. Find out who can take the plea of alibi, what is the burden of proof, and when does it fail.
May 11, 2023 · The term “alibi” originates from the Latin word meaning “elsewhere” or “somewhere else.”. In the Evidence Act, the defence of a plea of alibi is employed by an accused individual to refute their alleged involvement in a crime. The accused claims that they were present at a different location when the crime was committed, and ...
- Introduction
- Essentials
- When Can The Plea of Alibi Be taken?
- Who Can Raise The Plea of Alibi?
- Who Carries The Burden of Proof?
- Failure of Plea
- False Plea
- Conclusion
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The Latin word ‘Alibi’ meaning ‘elsewhere’ or ‘somewhere else’ is used by the accused as a defence in criminal proceedings. It is the best evidence that can be used by a man to prove his innocence. Whenever a plea of alibi is raised by an accused, it means the accused is trying to convince the Court that he/she was not at the crime spot at the time...
Some of the essentials of a plea of Alibi are listed as follows: 1. A crime should have been alleged which is punishable by law. 2. The person should be accused of the offence to make the plea of Alibi. 3. It is a defence plea where the accused states that he/she was not present at the crime spot at the time of the commission of the crime. 4. The p...
Alibi should be immediate which means at the earliest possible opportunity and not be an afterthought. The plea of Alibi should be taken at the initial stages of the preliminary hearing or framing of the charge; therefore, it will have more weightage. Delay of raising Alibi: If the accused delays in filing a plea of Alibi then the credibility of th...
A plea of Alibi can be raised by the accused of an alleged offence. In order to make this plea, the accused should be at a place that is far away from the place of commission of the crime and can not be physically available at the crime spot at that time. The credibility of the plea of alibi increases, if the accused takes the plea at an earlier st...
When the prosecution has proved the charges against the defendant and has discharged the burden then the defendant can raise a plea of Alibi to prove his/her innocence. After taking the plea of Alibi, according to the Evidence Act, the burden of proof is on the accused. The accused has to prove his/her presence at a place that is far away from the ...
Even if the evidence provided were not true or the accused is not able to establish the plea of alibi or there is no evidence to prove the Alibi then it cannot be confirmed whether the accused was present at the crime spot or not. If the plea of Alibi is raised by the accused, the prosecution must prove it by positive evidence. Through this, it can...
It has been observed that sometimes the accused raises a false plea of Alibi as a defence to protect him/ her against criminal proceedings. However, the Courts will not consider the accused guilty of the crime if he/she raises a false plea of Alibi but it negatively impacts the accused. A false alibi plea and giving false evidence to prove it leads...
To conclude, it has been determined that the plea of alibi is raised by the defendant or accused to convey or convince that he was somewhere far from the crime spot at the time when the crime was initiated. It is to be notified that the accused claimed the plea of alibi and the chance of committing the murder is not reduced but the accused is burde...
Learn what plea of alibi means, when and how to raise it, and what evidence is required to prove it. Find out the legal provisions, exceptions, and examples of plea of alibi in criminal proceedings in India.
Jul 19, 2018 · Learn what plea of alibi means, how to prove it and when to raise it in criminal proceedings. Find out the sections of the Indian Evidence Act that deal with alibi as a defence and the burden of proof.
Aug 10, 2020 · Learn what is alibi, a plea of absence of person from the place of crime, and how it is relevant under Section 11 of Indian Evidence Act. See examples, cases and conditions of alibi and its admissibility in criminal law.
In this article, we will examine the relevant sections of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) to study about the plea of alibi. Essentials of the Alibi in Evidence Act: 1. Commission of Crime and Charges: - A crime must have been committed that is punishable by law. - The accused must be officially charged with committing the crime.
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Plea of alibi is the defense to a criminal charge to the effect that the accused was elsewhere that at the scene of the alleged crime.[2] According to the Criminal Law Desktop of Criminal Procedure Plea of alibi is different from all other defenses; it is based upon the premise that the defendant is truly innocent.[3]
